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Magistrates You should have read and précised chapter 17 of the English Legal System by Jacqueline Martin.
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Who are lay people? People without legal training, e.g. –Magistrates –Jurors –Lay members of tribunals Why do lay people have such an important role in the English Legal System?
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Magistrates Appropximately 29,000 sitting as part time judges. Sit to hear cases as a bench of 3 magistrates. District Judges (Magistrates’ Courts) are qualified lawyers who hear cases on their own.
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Qualifications Age… –18-65 on appointment. Residence… –expected to live or work within local justice area to which they are allocated. Six key qualities…
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Six Key Qualities… Good character Understanding and communication Social awareness Maturity and sound temperament Sound judgment Commitment and reliability
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Restrictions on Appointment as a Magistrate Known criminals need not apply – True/False? People who owe money – True/False? People declared bankrupt – True/False? Police Officers/Traffic Wardens –True/False? Deaf people – True/False? Teachers – True/False?
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Appointment Advertisements… local radio, newspapers, magazines, on buses etc. Local Advisory Committees: –Members usually current/ex-magistrates –12 members (mix of magistrates and non- magistrates) –Half members retire in rotation every 3 years
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Appointment Selection process: –First interview… 6 key qualities/attitudes on criminal justice issues –Second interview… test judicial aptitude with discussion of case studies Local Advisory Committees recommend suitable candidates to Lord Chancellor Lord Chancellor appoints new Magistrates
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Training Framework of training covers 4 areas of competence: –Managing yourself –Working as a team member –Making judicial decisions –Managing judicial decision-making Produce a flow-chart of the stages of training.
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Justice’s Clerk Every bench of Magistrates is assisted by a clerk. What are the clerk’s duties? Can the clerk assist the magistrates in their decision-making?
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Role and Duties They sit for a minimum of 26 half days each year. Magistrates deal mainly with criminal trials and issues around criminal cases. However, Magistrates do have a civil jurisdiction as well. Produce a list of Magistrates criminal and civil duties
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Retirement and Removal Retirement age… 70 – Placed on the Supplemental List – Can carry out some administrative functions Removal… s11 of the Courts Act 2003: Lord Chancellor can remove for – –Incapacity or misbehaviour –Persistent failure to meet standards of competence –Declining or neglecting to take a proper part in the exercise of his functions
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Advantages and Disadvantages Working in pairs establish a list of the advantages and disadvantages of having Magistrates. Create a group mindmap for advantages and a mindmap for disadvantages.
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